E-2 Visa Jordan: Guide for Jordanian Investors

The E-2 visa is a non-immigrant classification that allows a national of a country with which the United States maintains a qualifying treaty of commerce and navigation to be admitted to the U.S. when investing a substantial amount of capital in a U.S. enterprise.

Key to this visa is the applicant's intent to depart the U.S. upon the termination of their E-2 status, although the visa can be extended indefinitely as long as the qualifying investment and business operations continue. The business must be a real, operating commercial or entrepreneurial endeavor, not a passive investment like stocks or bonds.

Unlike some other investor programs, the E-2 visa does not have a fixed minimum investment amount set by law. However, the investment must be substantial in relation to the total cost of establishing or purchasing the particular type of business. The U.S. Department of State guidance often suggests that the investment should be sufficient to ensure the investor's commitment to the business's success and its ability to generate income.

Jordan is a treaty country with the United States, meaning its citizens are eligible to apply for the E-2 visa, provided they meet all other requirements. This eligibility is based on the Treaty of Friendship, Commerce and Navigation signed between the United States and Jordan.

To qualify, a Jordanian national must demonstrate several key factors: they must be coming to the U.S. solely to develop and direct an investment enterprise; the investment must be substantial and irrevocably committed; the enterprise must be a bona fide business; and the investor must possess the requisite ownership stake (at least 50% directly or indirectly) and be coming to the U.S. to manage the enterprise.

The applicant must also prove that their income from the investment will be sufficient to support themselves and their dependents, or that the business will have a significant economic impact in the U.S., such as creating numerous jobs. The focus is on an active, operating business rather than a speculative one.

The term 'substantial' in the context of the E-2 visa is not defined by a specific dollar figure. Instead, it is determined on a case-by-case basis, considering the total cost of establishing the particular type of business. The investment must be sufficient to create a viable, operating business that will generate income and potentially employ U.S. workers.

The U.S. Department of State's Foreign Affairs Manual (9 FAM 402.9-5(B)) indicates that the 'substantiality' of an investment is evaluated in relation to the total cost of establishing the particular type of enterprise. For instance, an investment of $200,000 might be considered substantial for a small consulting firm but not for a large manufacturing plant. Generally, investments in the range of $100,000 to $200,000 or more are often seen as more likely to meet this criterion, but smaller amounts can qualify if the business is genuinely small and the investment represents a significant portion of its value.

Crucially, the funds invested must be the investor's own capital and must be irrevocably committed to the business. This means the funds cannot be borrowed on terms that are secured by the assets of the business itself, although personal loans or loans secured by personal assets may be permissible. The investor must demonstrate clear ownership and control over the invested funds.

A meticulously crafted business plan is arguably the most critical document for an E-2 visa application. It serves as the roadmap for the proposed U.S. enterprise and is the primary tool for convincing consular officers that the investment meets all the legal requirements for the E-2 visa.

The business plan must detail the nature of the business, the substantiality of the investment, the investor's role in directing and developing the enterprise, and the projected economic impact, including job creation. It should present realistic financial projections, market analysis, marketing strategies, and an organizational chart, demonstrating the business's viability and the investor's capability to manage it.

For Jordanian investors, a USCIS-grade business plan, such as those generated by tools like Plansera AI, can be invaluable. These plans are designed to meet the rigorous standards expected by immigration authorities, providing a strong foundation for the E-2 application by clearly articulating the business's potential and the investor's qualifications. The plan must demonstrate that the investment is substantial, the business is bona fide, and the investor intends to develop and direct it.

A fundamental requirement for the E-2 visa is that the investor must be coming to the U.S. to 'develop and direct' the investment enterprise. This means the investor must have operational control of the business.

This control is typically demonstrated through a majority ownership of at least 50% of the enterprise. However, even with less than 50% ownership, an investor can qualify if they can prove that they have operational control, for instance, through a controlling interest via stock options or other contractual arrangements. The applicant must show they will be actively managing the business, not just a passive investor.

The role of 'director' implies a level of responsibility and authority in the business's operations. This is usually evidenced by the investor's position in the company's organizational structure, such as CEO, President, or Managing Director. The business plan should clearly outline the investor's intended role and responsibilities.

While not an absolute requirement for all E-2 visa applications, demonstrating that the proposed U.S. enterprise will create jobs for U.S. workers is a significant factor that strengthens the application. The U.S. Department of State guidance suggests that a business should create at least five full-time jobs for U.S. workers.

However, this is not a rigid rule. For smaller businesses or service-oriented enterprises where job creation might be limited, the focus shifts to the substantiality of the investment and the investor's commitment to developing the business. The primary purpose of the E-2 visa is investment, and the economic impact can be measured not only by job creation but also by the infusion of capital and the generation of revenue.

For Jordanian investors, highlighting the potential for job creation in their business plan can significantly bolster their case. Even if the initial job creation is modest, demonstrating a clear path to hiring U.S. workers as the business grows is advisable. This shows a tangible contribution to the U.S. economy beyond the initial investment.

The application process for a Jordanian national seeking an E-2 visa typically begins with establishing a qualifying business in the U.S. and securing the necessary investment funds. Once these are in place, the investor can apply for the visa at a U.S. embassy or consulate abroad, usually in their home country.

The process involves completing the Online Nonimmigrant Visa Application (DS-160), paying the required application fees, and scheduling a visa interview. Supporting documents are crucial and generally include the business plan, proof of investment (bank statements, purchase agreements, receipts), evidence of ownership, proof of the business's bona fide status and operational capacity, and documentation of the investor's nationality and intent to depart the U.S.

During the interview, the consular officer will assess whether the applicant meets all E-2 visa requirements. If approved, the visa is typically issued for a period of up to five years and allows for multiple entries into the U.S. The investor's spouse and unmarried children under 21 can accompany them and may apply for derivative E-2 status. Spouses are generally permitted to work in the U.S. without a separate work permit.